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What is a Business’s Liability in a Slip and Fall Case?

People can suffer serious injury in a slip and fall accident, which is a type of premises liability case. Various Connecticut statutes apply to premises liability cases and attorneys can help you protect your rights, whether a property owner or an injured person.

One of the ways that Connecticut courts rule on premises liability cases involves what is called “the mode of operation rule.” Under the mode of operation rule, businesses are responsible for accidents that occur based on modes of operation where the business does not employ adequate precautionary measures to prevent accidents. A ruling based on the mode of operation rule arose out of a case heard by the Connecticut Supreme Court. The case was Kelly, et al. v. Stop and Shop, Inc. In this case, while getting salad at a salad bar, a customer slipped and fell because of a piece of lettuce on the floor. She injured her shoulder from the fall. Under certain premises liability laws, you must prove that “the proprietor had actual or constructive knowledge of the dangerous condition.’’ However, because today so many retail businesses operate on a self-service basis, courts can rule using the mode of operation rule, which does not require knowledge of the dangerous condition. Courts assume that businesses know self-service involves risks such as falling retail items or spills and holds them responsible to create safe conditions for customers.

Injury lawyers can review your incident and help you take legal action if you are a plaintiff suing for injury damages, or assist with legal defense if you are a proprietor or insurance company.

Coyne, Von Kuhn, Brady & Fries, LLC has extensive experience handling simple and highly complex premises liability cases.

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